THIS VERDICT SHALL BOSNIA AND BECOME FINAL ON 19 THE COURT OF BOSNIA AND November 2010 HERZEGOVINA PRESIDENT OF THE PANEL S A R A J E VO JUDGE Criminal Division Goran Radević Section II for organized crime, economic crime and corruption

Number: S1 2 K 003556 10 K ( Ref. X-K-08/511 ) , 19 November 2010

IN THE NAME OF !

The Court of Bosnia and Herzegovina, Criminal Trial Panel composed of Judge Goran Radević, as the President of the Trial Panel, and Judges Anđelko Marijanović and Fejzagić Esad as the members of the Panel, with the participation of the Legal Officer/Advisor Mirela Gadžo as the Record-taker, in the criminal case against the Accused DARIO BUŠIĆ from Sarajevo, following the Indictment of the Prosecutor's Office, number KT-191/07 of 4 January 2010, confirmed on 12 January 2010, filed for the grounded suspicion that he committed the criminal offense of Abuse of Office or Official Authority in violation of Article 220(3), in conjunction with paragraph 1 of the Criminal Code of BiH, which case was, pursuant to Article 26 of the Criminal Procedure Code (CPC BiH,) separated by the decision of Trial Panel held on the trial of 19 November 2010 from the case against the Accused NIKOLA ŠEGO, MIRKO ŠEKARA, ENIS AJKUNIĆ and RADOVAN DRAGAŠ, charged under the same Indictment of the Prosecutor’s Office of BiH with the same criminal offense, after the oral and public main trial attended by the Prosecutor of the Prosecutor’s Office of BiH, Dubravko Čampara, the Accused Dario Bušić and his Defense Counsels, Ekrem Galijatović and Maida Galijatović, lawyers from Sarajevo, rendered and publically announced on 19 November 2010 in the presence of the parties and Defense Counsels the following

VERDICT

IN REFERENCE TO THE ACCUSED:

BUŠIĆ DARIO, son of Mile and Zora, nee Martinović, born on 17 April 1970 in Sarajevo, Croat by ethnicity, citizen of Bosnia and Herzegovina, married, father of one minor child, completed university, a graduate engineer of transport, employed with the Ministry of Communication and Traffic of Bosnia and Herzegovina as the Head of the Section for Road and Railway Transport, JMBG /Personal Identification Number/ 1704970172654, no previous conviction, no criminal proceedings pending against him, residing in Sarajevo at Aziza Šaćirbegović St. No. 88,

Pursuant to Article 283(1) b) of the Criminal Procedure Code of BiH

THE CHARGES ARE DISMISSED

THAT HE:

In the period between 25 October 2006 and 10 January 2007, as an official and responsible person in the institutions of Bosnia and Herzegovina, with a view to acquiring material gain to another, took advantage of his office, that is, exceeded the limits of his official authority inasmuch as he, as the official and responsible person in the Ministry of Communications and Transport, in terms of Article 1(3) (4) of the Criminal Code of Bosnia and Herzegovina, in conjunction with Article 28(4) of the Law on International and Inter-Entity Road Transport (Official Gazette of BiH, number 1/02), and Article 17(3) and (4) of the Rulebook on Criteria, Procedure and Method of Allocation of Foreign Permits for Cargo Transport to Local Carriers (Official Gazette of BiH, number 35/02) and Decision of the Minister of communication and transport number 01-07-8-3712/06 dated 25 October 2006, in the capacity as a member of the Commission for CEMT Permits Allocation of the Ministry of Communications and Transport of Bosnia and Herzegovina (hereinafter: the Commission), with the view to acquiring gain to the chosen legal entities - the carriers in Bosnia and Herzegovina, participated as a member of the Commission in rendering the Decision on allocation of the CEMT permits to the name of 247 legal entities from the territory of Bosnia and Herzegovina, and in a manner that, based on the pre-arrangement made with the other members of the Commission consisting of Nikola Šego, as the President, and Mirko Šekara, Enis Ajkunić, Radovan Dragaš, Ekrem Spahić and Selim Kopić, as the members of the Commission, they divided the legal entities- the carriers, applying the “ethnic key”, to “Bosniaks”, “Serbs” and “Croats ”, so that:

The Accused Dario Bušić participated in consideration of the requests and decision making on the allocation of the CEMT permits to “Croat” carriers, as follows: Štreka Odžak, Frigo Transport , Gorja Transport Žepče, Niko , Peco Posušje, Danica & Co Ljubuški, Trans Reno Žepče, Ferotom , Metalija Komerc Široki Brijeg, Branex Busovača, Primorka Široki Brijeg, Nobil Trans Nova Bila, Is Čapljina, ZDP Transport Čapljina, Transport Vila , Regi Comerc , Boreas Kreševo, GR prijevoz Ljubuški, Baracuda Široki Brijeg, Baja Ljubuški, Bašić Trans Kiseljak, Euro part HB , PTP Mikron Tešanj, Nevistić komerc , TiOil , Viza Trans Čitluk, AB Transport Ljubuški, Jurin Comerc Kreševo, MTS šped Usora, Transport Gavran Ljubuški, Dumi šped Livno, Zovko transporti Žepče, Miv Grude, Tomi promet Livno, Mepas Široki Brijeg, Trans Alpina Široki Brijeg, Fruit Trans Široki Brijeg, Mil Trans Široki Brijeg, Transporti Man market Kupres, Polić Trans Posušje, Lio Trans Široki Brijeg, Čuljak Transeuro Grude, Vib Trade Gornji Vakuf, Verdić Commerce Posušje, Matuka Exp – Imp Novi , Buba Commerce Vitez, Cija Čitluk, Vila šped Vitez, Autoprevoz Ter. Pro. Mostar, Mip promet Posušje, Auto- Odak Čitluk, Exnam Mostar, Kristal Vitez, Šiš prijevoz Posušje, Grafotisak Grude, RPM Glob Trade Ljubuški, Đeka prijevoz Čitluk, Biljak Trans Travnik, Fis šped Vitez, Keš Mostar, Lubovo Posušje, Bip Commerce Posušje, Eurotranzit Čapljina, Interkomerc Mostar, Sab Busovača, Dragoje Mostar, MLM Travnik, Krndelj Čitluk, Transkop , Šakić promet Kiseljak, Mustapić Frigo Široki Brijeg, Sloga-S Žepče and Comerc Prodex Grude,

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thereafter, he, together with the other members of the Commission, merged three separately made lists of the legal entities-carriers for allocation of the CEMT permits into one final list which they unanimously accepted and signed, without making an insight of the Commission members in one group into legality of work of the other Commission members, as well as without checking whether the carriers, that is, the legal entities from the other two groups met the requirements for allocation of the “CEMT” permits. In this manner, he participated and provided for issuance of the CEMT permits to 247 legal entities in Bosnia and Herzegovina, although he knew or he could have known that such manner of allocation of the CEMT permits was contrary to Article 3 and 17 of the Rulebook on Criteria, Procedure and Method of Allocation of Foreign Permits for Cargo Transport to Local Carriers (Official Gazette of BiH, number 35/02) and Rules of Procedure of the Commission, as well as that 128 out of 247 legal entities which were allocated the CEMT permits did not meet the requirements referred to in Article 19 of the aforementioned Rulebook and the requirements stated in the Notice for Submission of the Requests dated 18 October 2006 and that no single permit was allocated to 23 out of the total number of 446 legal entities submitted the requests, although they were meeting all the necessary requirements for allocation of 31 CEMT permits. By doing so, he participated in acquiring the gain for the legal entities which did not meet legally stipulated requirements and which were allocated the CEMT permits, in a form of a gain that the legal entities had from annual income earned based on the allocated CEMT permits for the transport services rendered in Bosnia and Herzegovina- bilateral transport and transport services rendered abroad– transport among the CEMT member countries, in 2007. Thus, the Accused Dario Bušić participated in acquiring the gain in the amount not less than KM 9,589,184.00 of income stated in the books, that is, KM 330,270.67 of the profit from bilateral transport stated in the books, and the gain from the transport services rendered among the CEMT member countries, which includes the following legal entities:

1. Boreas d.o.o – Kreševo, KM 1,134,286.00 of income, that is, KM 37,469.13 of profit and having 17 runs among the CEMT member countries, 2. Buba commerc – Vitez, KM 794,946.00 of income, that is, KM 7,216.37 of profit and having 25 runs among the CEMT member countries, 3. Ti-Oil d.o.o. – Vitez, KM 225,021.00 of income, that is, KM 486.29 of profit and having 10 runs among the CEMT member countries, 4. Feroton d.o.o – Kiseljak, KM 31,088.00 of income, that is, KM 286.39 of profit and without having any runs among the CEMT member countries; 5. Kristal d.o.o – Vitez, KM 33,240.00 of income, that is, KM 4,300.50 of profit and without having any runs among the CEMT member countries; 6. Lašva komerc – Nova Bila, KM 2,170.00 of income, that is, KM 2.91 of profit and without having any runs among the CEMT member countries; 7. Transkop d.o.o – Tuzla, KM 2,589,930.00 of income, that is, KM 129,494.65 of profit and having 83 runs among the CEMT member countries, 8. M.T.S. Šped d.o.o – Usora, KM 160,012.00 of income, that is, KM 13,987.70 of profit and having 17 runs among the CEMT member countries, 9. Tomi promet d.o.o – Livno, KM 0.00 of income, that is, KM 0.00 of profit and having 138 runs among the CEMT member countries, 10. Dumi šped d.o.o – Livno, KM 623,028.00 of income, that is, KM 42,938.23 of profit and having 116 runs among the CEMT member countries, 11. Trans-commerce Mišković d.o.o – Vitez, KM 410,354.00 of income, that is, KM 18,522.66 of profit and having 9 runs among the CEMT member countries,

3 12. Transporti-Šime d.o.o – Vitez, KM 0.00 of income, that is, KM 0.00 of profit and having 7 runs among the CEMT member countries, 13. Transporti man Market d.o.o – Kupres, KM 491,710.00 of income, that is, KM 2,459.86 KM of profit and having 150 runs among the CEMT member countries, 14. Gorja transporti d.o.o – Žepče, KM 98,515.00 of income, that is, KM 200.33 of profit and having 93 runs among the CEMT member countries, 15. G.R. Prijevoz d.o.o – Ljubuški, KM 8,800.00 of income, that is, KM 26.69 of profit and having 1 run among the CEMT member countries, 16. Regi-Commerce d.o.o – Livno, KM 0.00 of income, that is, KM 0.00 of profit and having 47 runs among the CEMT member countries, 17. Transport vila d.o.o – Kupres, KM 0.00 of income, that is, KM 0.00 of profit and having 32 runs among the CEMT member countries, 18. Šakić-promet d.o.o – Kiseljak, KM 0.00 of income, that is, KM 0.00 of profit and having 22 runs among the CEMT member countries, 19. Čuljak trasnsport d.o.o – , KM 0.00 of income, that is, KM 0.00 of profit and having 34 runs among the CEMT member countries, 20. Bašić-trans d.o.o – Kiseljak, KM 116,427.00 of income, that is, KM 5,474.16 of profit and without having any runs among the CEMT member countries; 21. G-S Transport d.o.o – , KM 81,450.00 of income, that is, KM 0.00 of profit and having 6 runs among the CEMT member countries, 22. Verdić – Commerce d.o.o – Posušje, KM 24,400.00 of income, that is, KM 9.98 of profit and having 39 runs among the CEMT member countries, 23. Rebac-šped d.o.o – Čapljina, KM 721,507.00 of income, that is, KM 7,816.36 of profit and having 257 runs among the CEMT member countries, 24. Eurotranzit d.o.o – Čapljina, KM 12,682.00 of income, that is, KM 5,597.51 of profit and having 27 runs among the CEMT member countries, 25. Peco d.o.o – Posušje, KM 143,171.00 of income, that is, KM 220.36 of profit and having 22 runs among the CEMT member countries, 26. IS d.o.o – Čapljina, KM 0.00 of income, that is, KM 0.00 of profit and having 194 runs among the CEMT member countries, 27. Nobil trans d.o.o – Travnik, KM 0.00 of income, that is, KM 0.00 of profit and no data on the runs carried out among the CEMT member countries, 28. Lio trans d.o.o – Široki Brijeg, KM 0.00 of income, that is, 0,00 KM of profit and 142 runs among the CEMT member countries, 29. Dakt d.o.o – Grude, KM 0.00 of income, that is, KM 0.00 of profit and having 18 runs among the CEMT member countries, 30. M.L.M d.o.o – Nova Bila, KM 241,037.00 of income, that is, KM 5.858,95 of profit and having 12 runs among the CEMT member countries, 31. Niko d.o.o – Jajce, KM 212,896.00 of income, that is, KM 308.57 of profit and having 7 runs among the CEMT member countries, 32. Nevestić-commerce d.o.o Kolo – Tomislavgrad, KM 1,417,108.00 of income, that is, KM 46,430.20 of profit and having 73 runs among the CEMT member countries, 33. Mepas d.o.o – Široki Brijeg, KM 9,388.00 of income, that is, KM 1,162.86 of profit and having 21 runs among the CEMT member countries.

4 Therefore, he caused the damage to the legal entities Bitumenka D.D. Sarajevo, Coca-Cola Hbc Hadžići, Dedajić D.O.O Sarajevo, Dijamant Transport Mostar, Euro-Golax Gradačac, Europrospekt Prnjavor, Feks Trans Istok, Grga-Trans Sarajevo, Hik Commerce Ljubuški, Kibglas , Koki-Trans D.O.O. Laktaši, LKW Barbarić Žepče, Mat Transporti Grude, Miljković D.O.O B.Luka, Minol Živinice, Nasko D.O.O Gračanica, Nevrestrans Banovići, Ora-Merc Gračanica, Res-Trans Srebrenik, Sur Services , Tranzit D.O.O , Bob D.O.O , Su-Han D.O.O Srebrenik, which were not allocated the CEMT permits although they met the legal requirements for allocation. The above person partook in depriving these legal entities of the right to get the CEMT permits, that is, the right to generate income in 2007 from the transport services in Bosnia and Herzegovina and abroad rendered based on the allocated CEMT permits.

Whereby the Accused Dario Bušić would have committed the criminal offense of Abuse of Office or Official Authority in violation of Article 220(3), in conjunction with paragraph 1 of the Criminal Code of BiH.

Pursuant to Article 189(1) of the Criminal Procedure Code of BiH, the costs of criminal proceedings shall be paid from the Court budget appropriations.

Reasoning

The Prosecutor’s Office of Bosnia and Herzegovina filed with the Court the Indictment against Nikola Šego, Mirko Šekara, Enis Ajkunić, Dario Bušić, Radovan Dragaš, Ekrem Spahić and Selim Kopić, number KT-191/07 of 4 January 2010, confirmed on 12 January 2010, for grounded suspicion that they, as the members of the Commission for allocation of the CEMPT permits for 2007, committed the criminal offense of Abuse of Office or Official Authority under Article 220(3), in conjunction with paragraph 1 of the Criminal Code of Bosnia and Herzegovina. After all Accused pleaded not guilty on the confirmed Indictment at the plea hearing before the Preliminary Hearing Judge of the Court, the case was submitted to the Trial Panel.

In the course of proceedings before the Trial Panel, after the Prosecution dropped the charges against the Accused Ekrem Spahić and Selim Kopić and after the final dismissing Verdict for the said Accused was rendered, at the trial of 19 November 2010 when the Defense presented its evidence, the Prosecutor moved that the case against the Accused Dario Bušić be also separated, separately conducted and completed by the final dismissing verdict, noting that the Prosecutor's Office will also withdraw the charges against the Fourth Accused Dario Bušić. Having heard all the parties and defense counsels, who mostly did not oppose to the separation of the proceedings, except for the First Accused Nilola Šego who did not agree with separation, by its Decision number S1 2 K 003346 10 K ( ref. X-K-08/511 ) of 19 November 2010, the Panel decided that the case against the Fourth Accused Dario Bušić be severed, separately conducted and completed before this Panel for the reasons of judicial economy and functionality, pursuant to Article 26 of the CPC of BiH, while the proceedings against the Accused Nikola Šego, Mirko Šekara, Enis Ajkunić and Radovan Dragaš be continued before this Panel.

5 At the main trial held before this Trial Panel on 19 November 2010 in the case of the Fourth Accused Dario Bušić, the Prosecutor abandoned the prosecution, that is, withdrew the charges against the Fourth Accused Dario Bušić under the Indictment of the Prosecutor’s Office of BiH, number KT-191/07 of 4 January 2010, confirmed on 12 January 2010, filed for grounded suspicion that he committed the criminal offense of Abuse of Office in violation of Article 220(3), in conjunction with paragraph 1 of the Criminal Code of BiH, tendering in the case record the Official Note of the Prosecutor's Office, number KT-191/07 of 18 November 2010 on abandoning of prosecution, that is, withdrawal of charges against the Fourth Accused Dario Bušić, as well as the Record on Examination of the Prosecutor’s Office of BiH, number KTA-307/10 of 17 November 2010 for Dario Bušić heard in the capacity of witness.

In the oral reasoning of his motion, the Prosecutor submitted that, after taking the statement for the record from the Accused Dario Bušić in the capacity of a witness on 17 November 2010 in the Prosecution case number KTA-307/10, when the Accused explained in great detail the reasons which led to the unlawful actions in the work of the Commission as well as the reasons for his believing he was not responsible for them, and after considering the allegations from the statement and correlating them to other documentary evidence and the testimonies of other witnesses, the Prosecutor’s Office noted that the reasons for withdrawal of charges in respect to the Fourth Accused Dario Bušić were justifiable. Taking into consideration the above presented, the Prosecution submitted they believed that there was no any intent on the part of the Fourth Accused Dario Bušić, as an essential subjective element for the existence of the referenced criminal offense since all the stated actions he took part in and he was charged with under the Indictment had been pre-arranged among the other members of the Commission, and that the Accused could not influence on them at all.

Having in mind such a state of facts, when explaining its motion at the trial, the Prosecution pointed out that an absence of intent automatically excluded his criminal responsibility and added that for that reasons it abandoned the criminal prosecution of the Accused, all of which was noted in the Prosecution’s Official Note on dropping charges and the Prosecution’s Record on Examination of the Accused Dario Bušić as a witness, and delivered to the other Accused and their Defense Counsels in this criminal proceedings.

Article 38 of the CPC of BiH (principle of mutation) reads: “the Prosecutor may abandon prosecution before the end of a main trial or during the proceedings before the Panel of the Appellate Division when provided by this Code” Pursuant to Article 283(1) b) of the CPC of BiH (Verdict Dismissing the Charges) prescribes that the Court shall pronounce a verdict dismissing the charges…”if the Prosecutor dropped the charges between the beginning and the end of the main trial.” Pursuant to the accusatory principle (principle of accusation), the criminal proceedings may only be conducted upon the motion of the Prosecutor, regardless of which stage of the proceedings is in question.

Thus, bearing in mind the cited Article 38 of the CPC which provides that the Prosecutor may abandon criminal prosecution until the end of main trial before the Panel of the Appellate Division, and the cited Article 283(1) b) of the CPC of BiH, and considering that the Prosecutor on the case abandoned the criminal prosecution during the main trial, that is, dropped the charges against the Fourth Accused Dario Bušić, the Court, considering the mentioned reasons and guided by the provisions of Article a 283(1) b) of the CPC BiH, and Article 189(1) of the CPC BiH, rendered the decisions as stated in the Operative Part of the Verdict, only in relation to the Fourth Accused Dario Bušić.

6 As the Prosecution failed to adjust the Indictment following the abandonment of criminal prosecution, that is, to amend it in relation to the Fourth Accused Dario Bušić, while rendering the Verdict dismissing the charges against the Fourth Accused Dario Bušić, under the Indictment of the Prosecutor's Office of BiH, number KT-191/07 of 4 January 2010, confirmed on 12 January 2010 for grounded suspicion that the accused committed the criminal offense of Abuse of Office or Official Authority under Article 220(3), in conjunction with paragraph 1 of the Criminal Code of BiH, the Panel decided to drop ex officio from the factual description of the Indictment, as well as the Verdict, all criminal acts and facts related to the other accused, Nikola Šego, Mirko Šekara, Enis Ajkunić, Radovan Dragaš, and already acquitted persons, Ekrem Spahić and Selim Kopić, without fear that the principle of subjective and objective identity of the Indictment and the Verdict would be violated.

After the Verdict dismissing the charges against the Fourth Accused, pursuant to Article 283(1) b) of the CPC of BiH, was handed down and publically announced at the trial dated 19 November 2010 and following the legal instructions by the Panel, the Prosecutor of the Prosecutor’s Office of BiH, Dubravko Čampara, the Fourth Accused Dario Bušić and his Defense Counsels Ekrem Galijatović and Maida Galijatović, lawyers from Sarajevo, agreed that they would waive their right to appeal from this Verdict, thus this Verdict shall become final and legally binding as of the date of its rendering and announcement, that is, as of 19 November 2010.

Legal remedy: No Appeal lies from this Verdict.

PRESIDENT OF THE PANEL Goran Radević

I hereby certify that this document is a true translation of the original written in Bosnian / Serbian / Croatian language.

Sarajevo, 17 February 2011

Jasminka Crnkić Certified Court Interpreter for the English language

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